Davis-Bacon and the Miller Act — what a glazing sub actually owes.

Certified payroll, prevailing wage, payment bond claim windows — the paperwork that decides whether a federal glazing scope closes clean or turns into a collections problem. Written for GC estimators vetting a glazing sub, and for glazing subs figuring out what federal work actually requires.

Wage law Davis-Bacon Act, 29 CFR 5.5 Bonding law Miller Act, 40 U.S.C. ch. 31 Author Connor Walsh · President
Sheet T-101 · Wage law

Davis-Bacon — prevailing wage on federal construction.

The Davis-Bacon Act requires contractors and subcontractors on covered federal construction contracts to pay laborers and mechanics — including glaziers — no less than the prevailing wage the Department of Labor has determined for that trade, in that locality, on that type of project. The prime's contract carries the Davis-Bacon labor standards clause under 29 CFR 5.5, and that clause flows down to every subcontractor at every tier — a glazing sub doesn't get to opt out of it by being three tiers removed from the federal agency.

Wages are paid weekly, with the specific exception that fringe-benefit contributions can be funded quarterly. The applicable wage determination is trade- and locality-specific — glazier wage rates are their own line on the DOL wage determination for a given county and project type, separate from general laborer or ironworker rates. The controlling numbers are always project-specific — the wage determination attached to the solicitation is what governs, not a number pulled from a different county or a different year's determination. Confirm the correct determination is incorporated before pricing labor.

Sheet T-201 · Payroll documentation

Certified payroll — WH-347, weekly, no exceptions.

Davis-Bacon compliance is proven with paper, not intentions. Every covered sub submits certified payroll reports — commonly on the DOL's WH-347 form or an equivalent — for every week work is performed, showing each worker's classification, hours, and wage/fringe breakdown against the applicable wage determination. Missing, late, or misclassified certified payrolls are the single most common Davis-Bacon compliance failure, and the liability doesn't stop at the sub — a prime that lets a sub's payroll compliance slip owns exposure too, which is exactly why primes vet this before award, not after.

For a GC estimator reviewing a glazing sub's federal capability, certified payroll experience is a real signal: it shows the sub already has the weekly cadence, classification discipline, and recordkeeping built into how they run a crew — not something they're improvising for the first time on your job.

Sheet T-301 · Bonding & recourse

The Miller Act — bonds instead of liens.

The Miller Act (40 U.S.C. chapter 31, subchapter III) requires the prime contractor on a federal construction contract to furnish performance and payment bonds. The statutory floor is contracts over $100,000, but the operative FAR threshold — the number that actually governs on almost every federal building project — is contracts exceeding $150,000 (GSA Miller Act brochure; FAR 28.102-1). Contracts between roughly $35,000 and $150,000 get alternative payment protections at the contracting officer's discretion instead of a full bond.

Here's the part that catches subs off guard: federal buildings are not subject to mechanic's liens. There's no county recorder's office to file against, because the property belongs to the federal government. As the GSA brochure puts it plainly, "because Federal buildings are not subject to mechanic's liens, your legal recourse for seeking payment is set forth in the Miller Act" (gsa.gov/system/files/miller_brochure.pdf). The payment bond is the substitute — and it comes with strict deadlines, not the open-ended timelines a state lien statute might allow.

Claim windows a glazing sub needs to track

  • First-tier subs (direct contract with the prime) can sue on the payment bond without giving the prime advance notice — but the suit has to be filed at least 90 days after, and no later than one year after, the last labor or materials were furnished.
  • Second-tier subs and suppliers (contract with a first-tier sub, not the prime) must send the prime written notice of the claim within 90 days of last furnishing labor or material — before suit can be filed. After notice, the same one-year outer limit applies.
  • There is no extension for "we were still negotiating." The one-year suit deadline runs from last labor/material furnished, period.

ACG provides performance and payment bonds on projects that require them, and capacity letters are available during prequalification.

Miller Act payment bond claim windows — first-tier vs. second-tier subs CLOCK STARTS AT LAST LABOR OR MATERIAL FURNISHED First-tier sub (direct contract with the prime) Day 90 earliest suit may be filed 1 year latest suit may be filed day 0 No advance notice to the prime required. Suit filed no earlier than 90 days, no later than 1 year, after last labor/material furnished. Second-tier sub / supplier (contract with a first-tier sub, not the prime) Day 90 written notice to prime due 1 year same outer suit deadline day 0 Written notice within 90 days is required before suit can be filed. Miss it and the claim right can be lost — no lien fallback on federal land. Miller Act applies to federal contracts > $150,000 (FAR threshold; statutory floor $100,000) RED = STRICT DEADLINE · NO EXTENSION FOR ONGOING NEGOTIATION FEDERAL BUILDINGS ARE NOT SUBJECT TO MECHANIC'S LIENS — THE PAYMENT BOND IS THE ONLY RECOURSE
Fig. 1 — Miller Act payment bond claim windows, first-tier vs. second-tier, both running from last labor or material furnished.
Sheet T-401 · Compliance workflow

What a glazing sub actually produces on a Davis-Bacon / Miller Act job.

WH-347
Certified payroll, submitted weekly
Late or missing certified payroll is a compliance flag that can hold pay applications and, at scale, put the prime's own compliance at risk.
CLASS
Correct labor classification (glazier vs. laborer vs. ironworker)
Misclassifying a glazier as a lower-wage classification is the most common Davis-Bacon violation and creates back-wage liability.
WD
Wage determination confirmed against the solicitation
Pricing labor off the wrong county's or wrong year's wage determination understates cost and creates a compliance gap after award.
BOND
Payment/performance bond in place before mobilization
No bond, no notice to proceed on a Miller Act job over $150,000 — this isn't negotiable at the contracting-officer level.
NOTICE
90-day second-tier notice (if applicable)
Miss the 90-day window as a second-tier sub and the payment bond claim right can be lost entirely — there's no lien fallback on federal land.
BABA/TAA
Buy-American / TAA sourcing documentation for materials
Undocumented country-of-origin on glass or extrusions can hold a submittal or trigger a rejected pay app late in the job.
Punched window openings at the Haines City Public Safety Complex and EOC, a public-sector glazing project Haines City EOC · Public-sector delivery
How ACG handles it

Set up so compliance never stops the job.

ACG runs certified payroll on Davis-Bacon-funded scopes as a normal part of weekly operations, not a special project. We confirm the correct wage determination before we price the labor, keep glazier classifications documented against the determination, and provide performance and payment bonds on projects that require them — with capacity letters available during prequalification. On any federal scope, we flag Miller Act notice deadlines and Buy-American/TAA sourcing questions at the RFI stage, before award, so a paperwork gap doesn't surface for the first time at pay application three.

Davis-BaconCertified payroll (WH-347) on covered scopes, weekly
BondingPerformance & payment bonds on projects that require them; capacity letters available during prequalification
SourcingTAA-compliant manufacturer sourcing documented at bid stage
Government contractor overview
Sheet T-601 · General notes

Compliance traps that catch glazing subs on federal work.

Assuming state lien rights apply

Habit from state and municipal work doesn't transfer. Federal buildings aren't subject to mechanic's liens — the Miller Act payment bond is the only recourse, and it runs on its own notice and suit deadlines, not your state's lien statute.

Payroll classification errors

Running glaziers under a generic "laborer" classification to simplify payroll is a common and costly mistake — it understates wages owed and is the most frequent finding in a Davis-Bacon compliance review.

Missing the second-tier notice window

A second-tier sub who doesn't send the prime written notice within 90 days of last furnishing labor or material can lose the payment bond claim entirely — with no lien fallback to fall back on.

Wrong wage determination priced

Pricing labor against a wage determination from a different county, or an outdated version, creates a compliance gap that surfaces after award — when it's expensive to fix.

Bond capacity confirmed too late

Waiting until after award to confirm bonding capacity on a >$150,000 scope risks a mobilization delay. Bonding needs to be part of the bid-stage conversation, not a post-award scramble.

What we do about it

We confirm wage determination, classification, and bonding capacity in writing at the RFI stage on any Davis-Bacon or Miller Act scope we price — before we quote, not after award.

Related questions

Davis-Bacon and Miller Act questions we get from GCs and subs.

What is a Davis-Bacon glazing subcontractor?

A glazing sub performing work on a federal construction contract covered by the Davis-Bacon Act, which requires paying glaziers no less than the DOL's prevailing wage determination for that trade and locality, and submitting weekly certified payroll (commonly WH-347) documenting classification, hours, and wage/fringe detail for every worker.

Does the Miller Act apply to glazing subcontractors?

The Miller Act's bonding requirement runs to the prime contractor, who must furnish performance and payment bonds on federal construction contracts exceeding $150,000. For a glazing sub, what matters is the payment bond claim right it creates — since federal buildings aren't subject to mechanic's liens, the payment bond is the sub's recourse if the prime doesn't pay, subject to strict notice and one-year suit deadlines.

What is certified payroll and who has to file it?

Certified payroll is a weekly report — commonly DOL Form WH-347 — showing each worker's classification, hours, and wage/fringe breakdown against the applicable Davis-Bacon wage determination. Every contractor and subcontractor at every tier on a covered federal construction contract has to file it for every week work is performed.

Can a glazing sub file a lien on a federal building if they aren't paid?

No. Federal buildings are not subject to mechanic's liens. The Miller Act payment bond is the substitute remedy — a sub's recourse runs through a bond claim (and, if needed, a suit in U.S. District Court) rather than a state lien filing, per the GSA's own guidance on the Miller Act.

Is ACG a certified payroll glazing contractor?

Yes. ACG runs certified payroll on Davis-Bacon-funded scopes and provides performance and payment bonds on projects that require them, with capacity letters available during prequalification. FL CGC #1531993.

Related pages

Sending a Davis-Bacon or Miller Act glazing scope to bid?

Send Division 08 to [email protected]. We confirm wage determination, classification, and bonding capacity in writing before we quote — so compliance never stops the job.

Send us plans